| (vi) determine the relationship between the preparation of
the EIS and the completion of the engineering feasibility data and any necessary
arrangements for coordination of the preparation of both documents.
(C) Following the scoping process, the executive administrator
will begin the identification and evaluation of all potentially viable alternatives
to adequately address the range of issues developed in the scoping. A summary
of this, including a list of the significant issues identified, will be provided
to the applicant and other interested parties.
(D) The draft EIS will be the subject of a formal public hearing
and any other public participation activities determined to be appropriate
during the scoping process. Both the draft EIS and final EIS will be distributed
and made available for public review in a fashion consistent with the requirements
of subsection (b)(2)(B) of this section except that the advertisement period
for the public hearing and comment periods for the draft EIS and final EIS
will be no less than 45 days. The executive administrator will publish, in
the Texas Register and a newspaper(s) of general circulation in the project
area, a notice of availability of the EIS giving locations at which it will
be available for public review at least 45 days prior to making any environmental
determination.
(c) Environmental review.
(1) When the executive administrator has determined that an
applicant's proposed project may be excluded from a formal environmental review
or has determined that a CE is to be rescinded, the executive administrator
will prepare a public notice of the determination and the availability of
supporting documentation for public inspection. The notice will be published
in a local newspaper of community-wide circulation by the applicant. The executive
administrator, concurrent with the publication, will distribute the notice
to all interested parties.
(2) An environmental review of the proposed project, supported
by the applicant's EID, will be conducted by the executive administrator to
determine whether any significant impacts are anticipated and whether any
changes may be made in the proposed project to eliminate significant adverse
impacts. As part of this review, the executive administrator may require the
applicant to submit additional information or undertake additional public
participation and coordination to support the environmental determination.
Based on the environmental review, the executive administrator will prepare
an EA, describing:
(A) the purpose and need for the proposed project;
(B) the proposed project, including its costs;
(C) the alternatives considered and the reasons for their rejection
or acceptance;
(D) the existing environment;
(E) any potential adverse impacts and mitigative measures;
and
(F) any proposed conditions to the provision of financial assistance
and any means provided for the monitoring of compliance with the conditions.
(3) Based upon this EA, the executive administrator will issue
a FNSI or issue a notice of intent to prepare an EIS. The FNSI will include
a brief description of the proposed project, its costs, any mitigative measures
proposed for the applicant as a condition of its receipt of financial assistance,
and a statement to the effect that comments supporting or disagreeing with
the FNSI may be submitted for consideration by the board. The EA will be attached
to the FNSI when mitigative measures are specified by conditions of the financial
assistance. The FNSI will be distributed to all parties, governmental entities,
and agencies that may have an interest in the proposed project. No action
regarding approval of the engineering feasibility data will be taken by the
executive administrator for at least 30 days after the issuance of the FNSI.
Additionally, except for projects utilizing the pre-design option under §375.39
of this title (relating to Pre-Design Funding Option), no funds for building
will be released for at least 30 days after the issuance of the FNSI. For
projects utilizing the pre-design option, approval of the release of funds
for planning will be made prior to the issuance of the FNSI, but no approval
for release of funds for design or building will be made until at least 30
days after the issuance of the FNSI.
(4) Except for projects utilizing pre-design funding under §375.39
of this title (relating to Pre-Design Funding Option), the executive administrator
will prepare a concise public ROD following the public hearing on the draft
EIS and the comment period on the final EIS and before the decision to approve
the CWSRF engineering plan or to provide or deny financial assistance to the
proposed project. The ROD will describe those mitigative measures to be taken
which will make the selected alternative environmentally acceptable. For projects
utilizing the pre-design funding option under §375.39 of this title (relating
to Pre-Design Funding Option), the ROD shall be made prior to the board's
approval of the release of funds for design.
(d) Application of other laws and authorities. In addition
to the requirements of state law and rules, the Act, and the NEPA, the board
must, as required by the initial guidance for the state water pollution control
revolving fund and the capitalization grant agreement, insure that each project
proposed to receive CWSRF financial assistance complies with the following
federal laws and authorities respecting the human environment: the Archeological
and Historic Preservation Act of 1974, Public Law 93-191; the Historic Sites
Act; the Clean Air Act, 42 United States Code 7506(c); the Coastal Barrier
Resources Act, 16 United States Code 3501 et seq., the Coastal Zone Management
Act of 1972, Public Law 92-583, as amended; the Endangered Species Act, 16
United States Code 1531 et seq.; Executive Order 11953, Protection and Enhancement
of the Cultural Environment; Executive Order 11988, Floodplain Management;
the Flood Disaster Protection Act of 1973, Public Law 93-234; Executive Order
11990, Protection of Wetlands; the Farmland Protection Policy Act, 7 United
States Code 4201 et seq.; the Fish and Wildlife Coordination Act, Public Law
85-624, as amended; the National Historic Preservation Act of 1966, Public
Law 89-665, as amended; the Safe Drinking Water Act, §1424(e), Public
Law 92-523, as amended; and the Wild and Scenic Rivers Act, Public Law 90-542,
as amended. Because particular federal and/or state agencies are charged with
the enforcement of or permitting under many of these laws and authorities,
the executive administrator will provide guidance to applicants to the fund
regarding consultation requirements and will encourage proper coordination
of project planning with the appropriate agencies. Because of their complexity
and critical importance to the board's administration of the fund, the board
has adopted the following sections to effect proper compliance with the requirements
of the Flood Disaster Protection Act of 1973, the Coastal Barrier Resources
Act, and Executive Order 11988, Floodplain Management.
(1) The board will not provide financial assistance from the
CWSRF for any project element that is proposed to be constructed in a floodplain
when the applicant's community is sanctioned by the Federal Emergency Management
Agency (FEMA) in its administration of the National Flood Insurance Program,
pursuant to the requirements of the Flood Disaster Protection Act of 1973,
Public Law 93-234.
(2) The board will not provide financial assistance from the
fund to any entity proposing construction in or extension or expansion of
sewerage service into any area within the Coastal Barrier Resources System
other than those permitted by the Coastal Barrier Resources Act, 16 United
States Code 3501 et seq.
(3) Pursuant to the requirements of Executive Order 11988,
the board will avoid direct and indirect support of development in floodplains
wherever there is a practicable alternative. Therefore, both to preserve the
significant natural functions and values of floodplains and to protect human
health and safety.
(A) The board may provide financial assistance from the fund
for the transportation or treatment of wastewater generated in a floodplain
only when the proposed project will provide service to:
(i) areas of existing development in a floodplain;
(ii) facilities such as marinas which, by their nature, must
be located in floodplains;
(iii) areas of projected growth if an EID demonstrates that
the proposed development will be consistent with FEMA's floodplain management
criteria for flood prone areas (44 Code of Federal Regulations 60.3) and will
have no significant impacts on natural functions and values of floodplains;
and
(iv) areas of projected growth if an EIS demonstrates that
there is no practicable alternative to such growth, that such growth will
be consistent with the floodplain management criteria cited in clause (iii)
of this subparagraph and that the benefits of such growth outweigh its costs
to the natural functions and values of the effected floodplains or risks to
human health and safety.
Cont'd... |
